Workplace Drug Testing Issues – North Carolina State Laws
These categories do no effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Instant or POCT Testing
Pre-employment testing only
Must be SAMHSA or CAP certified.
Medical Review Officer (MRO)
Recommended to prevent exposure to liability and to have consistent reporting of drug testing results.
Yes, address in company policy
Terminate employee for misconduct. See NC § 96-14.6. Disqualification for misconduct.
Workers Comp Discount
Denial of workers comp claim based on §97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.
Report Driver DOT Positives
Requires employers to report DOT positive drug and alcohol tests on NC CDL holders to the State using a standard “Positive Drug Test Report” form. Under the NC statute, the driver’s CDL is suspended until the driver or the employer provides proof of successful completion of the SAP assessment and treatment/rehabilitation process.
Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation. State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.
State Law North Carolina
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